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At 50, SeaWorld Sees New Challenges

SeaWorld San Diego is looking to make a splash as it celebrates its 50th anniversary this month as one of the region’s most popular visitor attractions, while also contending with unwanted controversy related to its parent company’s handling of its star killer whale performers.

The latest challenge involves a California lawmaker’s proposal to ban the use of captive orcas in performance shows and to prohibit the capture and breeding of the killer whales for entertainment.

The move followed the October airing by CNN of the documentary film “Blackfish,” which premiered earlier at the Sundance Film Festival. The film alleges mistreatment of killer whales and depicts events preceding the 2010 death of a trainer at SeaWorld’s Orlando park during an orca show.

“There is no justification for the continued captive display of orcas for entertainment purposes,” state Assemblyman Richard Bloom, D-Santa Monica, said in a March 6 statement before his formal presentation of the bill in the California Legislature. “These beautiful creatures are much too large and far too intelligent to be confined in small, concrete tanks for their entire lives.”

In another dispute, invoking though not directly involving the Mission Bay theme park, the animal rights group People for the Ethical Treatment of Animals Inc., or PETA, has filed a lawsuit against the operator of San Diego International Airport over its refusal to accept a PETA ad that asks visitors to stay away from SeaWorld.

While not commenting on the ad flap, SeaWorld San Diego vehemently opposes the stances of the documentary and the California proposal.

“The premise behind this proposed legislation is severely flawed on multiple levels, and its validity is highly questionable under the United States and California Constitutions,” park officials said in a statement. “We trust that our leaders who are responsible for voting on this proposal will recognize the clear bias of those behind the bill.”

The statement said those supporting Bloom’s measure are “extreme animal rights activists, many of whom regularly campaign against SeaWorld and other accredited marine mammal parks and institutions,” including PETA.

“We are one of the most well-established and respected members of the business community, and for 50 years have worked closely with the state of California to build our local economy, attract millions of visitors each year, create thousands of jobs and care for local wildlife who need our help,” the statement said.

Lawsuit Seeks Right to Advertise

The PETA advertisement that was rejected by the airport features a photo of actress and San Diego native Kathy Najimy, whose credits include the “Sister Act” movies and the HBO series “Veep.” It is accompanied by text that reads: “Welcome to San Diego! If you love animals like I do, please avoid SeaWorld.”

PETA Foundation and the local American Civil Liberties Union Foundation are defending PETA in a lawsuit filed March 10 in federal court in San Diego. The San Diego County Regional Airport Authority and its advertising agency, New York-based JCDecaux North America, are named as defendants.

Matthew Strugar, senior litigation counsel for PETA Foundation, said the group was rebuffed in January when it attempted to have its ad placed at San Diego International Airport. He said PETA was told by the ad agency that its advertisement was being rejected based on the agency’s internal policy against advertisements that are “disparaging” or “demeaning.”

The lawsuit contends the ad rejection violates PETA’s rights under the First and Fourteenth amendments to the U.S. Constitution, related to free-speech and equal protection rights, and sections of the California Constitution.

“We’re not seeking money,” Strugar said. “We are seeking a judgment that says that this ad can be put up in a public place operated by a public entity.”

A spokeswoman for the airport authority said it does not comment on pending litigation. The authority’s formal advertising policy, adopted in 2002, states that airport advertising shall be “in good taste, non-controversial,” maintained so that it doesn’t interfere with ordinary operations, and “as informational as possible.”

Defendants will have 21 days to formally respond, and the ad case will not likely come before a judge until May, Strugar said.

Celebrating With New Attractions

SeaWorld San Diego spokesman David Koontz said the park is focused on new attractions and events set to kick off March 21, the same day that SeaWorld San Diego opened in 1964. It was followed in 1973 by SeaWorld Orlando and in 1988 by SeaWorld San Antonio. The latter two will also be participating in an 18-month commemoration of the San Diego anniversary.

On the birthday date, SeaWorld San Diego will officially debut its new multimillion-dollar attraction in its front entranceway, called Explorer’s Reef, with a public event expected to be attended by numerous local and national VIPs.

The undersea-themed Explorer’s Reef is the latest of several features added to the Mission Bay park over the past few years. It includes a 30-foot-tall wave sculpture and touch pools allowing visitors to interact with thousands of fish, including bamboo sharks.

Through summer 2015, SeaWorld will embrace a “Sea of Surprises” theme, with unscheduled music, flamingo marches and animal exhibitions along its walkways.

“The idea is to do things that are totally unexpected,” said Rick Schuitman, SeaWorld San Diego’s vice president of entertainment. “A marching band could come out of nowhere and surprise people on the sidewalks.”

SeaWorld San Diego was North America’s 11th-most visited park in 2012 with 4.4 million customers, up 3.5 percent from 2011, according to a report by the Themed Entertainment Association and consulting firm AECOM.

It is one of 11 parks operated nationally by Orlando-based SeaWorld Entertainment Inc., whose holdings also include the Aquatica water park in Chula Vista.

SeaWorld Entertainment is majority-owned by The Blackstone Group LP (NYSE: BX) of New York, although last year it began issuing common stock in the newly named company (NYSE: SEAS).

SeaWorld Entertainment, which had not announced its 2013 fourth-quarter and year-end financial results at press time, in November reported a record $538.4 million in revenue and net income of $120.2 million for its third quarter. Its year-to-date revenue at that time was more than $1.18 billion, up 2 percent from the same period of 2012. However, its national attendance for the first nine months of 2013 was down 4.7 percent, slipping from 19.9 million to 18.9 million visitors.

Company officials cited impacts including new pricing, adverse weather in the second quarter and “yield management strategies” implemented at the start of 2013 that boosted revenue but reduced discounted and free attendance.

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